Full Judgment Text & Judicial Ruling

1993 P L C 44

1993 P L C 44

[Labour Appellate Tribunal Sindh]

Present: Agha Ali Hyder, Appellate Tribunal

OBAIDULLAH ALEEM and 2 others

versus

Messrs AZEEM TEXTILE AND GARMENTS (PVT.) LTD., KARACHI

Appeals Nos. KAR‑274 to KAR‑276 of 1991, decided on 30th April, 1992.

Industrial dispute...

‑‑‑‑Termination of service‑‑‑Trial Court despite holding that termination of employees not only was without any order in writing, but also was without any good cause, dismissed grievance petition of employees on ground that employees had not served grievance notice on employer‑‑‑Employees by producing postal receipts and acknowledgement due cards had fully established that grievance notice was duly served on employer, but same was refused by employer‑‑‑Order dismissing grievance petition of employees and their termination was set aside and employees were reinstated with back benefits.

S.P. Lodhi, Representative for Appellants.

S.S. Jehangir for Respondent.

Date of hearing: 30th April, 1992.

DECISION

These appeals from a common order of the Labour Court, Karachi, in brief, have arisen in the following circumstances.

2. The appellants allege to have been working with the respondents and getting a raw deal for a number of years when they decided to organise themselves by forming a Trade Union. It did not prove to the liking of the respondents and their services were unceremoniously terminated on 4‑3‑1990. In the last week of April they are said to have sent grievance notices through registered post which were returned by postal authorities with the endorsement "refused to receive . As a result they filed the grievance petition which came to be resisted on a number of grounds. The appellants were their own witnesses and the respondents also examined one Abdul Rahim who was their Accountant.

3. The learned Presiding Officer held that the termination was without any order in writing, not to say giving any good cause, and that would entitle the petitioners to reinstatement. However as it found that the grievance notices had not been served, the petition was not maintainable and was therefore dismissed.

4. The postal receipts and the acknowledgment due cards are on the record. It is nobody's case that the addresses given there are wrong. In one of the appellant's case there is only postal receipt and it is not un-often that acknowledgement due cards are not duly received by the senders thereof. Looking to section 27 of the General Clauses Act the presumption would be that the notices were duly received. There is nothing whatsoever to rebut that presumption. There are ample authorities that under the circumstances due service will be presumed.

5. As for the merit the learned Presiding Officer has observed that for the termination of service sufficient cause had to be shown and as it was not given the matter stood concluded. Nothing further need be added.

6. In the light of the above observation I would set aside the order and allow the appeals. The respondent had named certain parties with whom the appellants had found employment but it is far from affirmatively proved. It was for them to prove satisfactorily that it was so. However as the appellants have agreed to accept fifty per cent back benefits they will be paid at that rate from the period of the termination of their services till the date of their reinstatement. Orders accordingly.

H.B.T./2042/Lb.S Appeals allowed.

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